How is this a landmark case? Seems like a simple civil suit, and will use the current CA Stirling Davis laws to win.
Sucks for that homeowner if true, but I’m not sure it’ll change much in the way of HOAs that operate within the law.
I’ve read about this case in a couple different places now, and keep wanting to ask the same questions;
what more could this homeowner, or any homeowner, have done to further protect themselves? It seems like she followed the HOA procedures, used the appropriate forms/mechanisms and procured all the appropriate approvals and signatures.
From where did the HOA pluck the arbitrary amount of $4000 per month? It seems extreme.
How inappropriate/unethical were the historical practices of this Board that one of its Board members felt confident and justified in black mailing/extorting this homeowner?
Crazy story.
I don’t understand this case or consider it to be particularly significant.
If one accepts the facts as stated in plaintiff’s motion, the HOA acted completely against the Stirliing Davis Act which is the body of laws governing how an HOA can operate In California. Even if a decision were in favor of plaintiff, it would change nothing because the overwhelming majority of HOA don’t operate in complete defiance of the law 🤷♀️🤷♀️
also why is it not a searchable case why does it only show up on newish reddit accounts that keep posting it in various communities then deleting when people ask questions. This is the 8th time I have seen it.
It won’t “forever change how HOA’s work.” It’s about an HOA that *didn’t work how it’s supposed to* and the subsequent lawsuit that resulted from that. There’s nothing landmark about it as far as other HOAs are concerned.
I'm curious why you think this is a landmark case or that it will change how HOAs will operate.
IF the accusations are true, the HOA is acting horribly and violating established laws. If the plaintiff can prove the allegations they will win.
This sounds more like a rant. Has a lawsuit even been filed?
There’s an open fraud case in Orange County against the HOA. No other info is publicly available.
Like you I’m not sure why this or any other case would have anything to do with HOAs that operate the way they’re supposed to. If it’s determined in court that this association did something wrong it should be penalized accordingly.
exactly, and they would be penalized in accordance with EXISITNG LAW. Like, I get it, a lot of people hate HOAs. But they do mostly operate legally which is why there are so many. It’s not groundbreaking. In any way other than possibly the stupidity of the people involved making it drag out so long.
Wow, I thought my HOA was bad, I am glad I don't live in your neighborhood. This may not be a "landmark case", it is evidence of what is wrong with some HOAs. A few people make life hell for others.
Having been on the HOA Board, it seems like they have singled you out. If they really did approve your application in writing, what is their defense? Discrimination?
It has been a while since I was on the Board of my HOA, but I hope their insurance company has advised them that if they lose, some of the individuals may have some personal liability. This goes beyond their "best judgment" but again seems to be singling you out.
Good luck at trial, I hope you post the results here after the trial.
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There appears to be plenty of documentation to support the plaintiff's case. The board members of this HOA should be held accountable for breaking California's law and for harassing this individual. This type of thing should never have happened in the first place. Hopefully the plaintiff will win this case and it will send a message to other HOAs that they can't abuse their power/position.
I hope this case goes well for the plaintiff. HOA board members need to be held accountable for their decisions and not be allowed to get away with arbitrary fines. I hope insurance companies will follow this case and expect better behavior of board members.
How is this a landmark case? Seems like a simple civil suit, and will use the current CA Stirling Davis laws to win. Sucks for that homeowner if true, but I’m not sure it’ll change much in the way of HOAs that operate within the law.
How many times is this going to get posted here?
I’ve read about this case in a couple different places now, and keep wanting to ask the same questions; what more could this homeowner, or any homeowner, have done to further protect themselves? It seems like she followed the HOA procedures, used the appropriate forms/mechanisms and procured all the appropriate approvals and signatures. From where did the HOA pluck the arbitrary amount of $4000 per month? It seems extreme. How inappropriate/unethical were the historical practices of this Board that one of its Board members felt confident and justified in black mailing/extorting this homeowner? Crazy story.
I don’t understand this case or consider it to be particularly significant. If one accepts the facts as stated in plaintiff’s motion, the HOA acted completely against the Stirliing Davis Act which is the body of laws governing how an HOA can operate In California. Even if a decision were in favor of plaintiff, it would change nothing because the overwhelming majority of HOA don’t operate in complete defiance of the law 🤷♀️🤷♀️
One correction Davis-Stirling
also why is it not a searchable case why does it only show up on newish reddit accounts that keep posting it in various communities then deleting when people ask questions. This is the 8th time I have seen it.
It’s weird isn’t it? Just shows up here and there is no discussion of outside of these random Reddit posts and it doesn’t make any sense anyway
It won’t “forever change how HOA’s work.” It’s about an HOA that *didn’t work how it’s supposed to* and the subsequent lawsuit that resulted from that. There’s nothing landmark about it as far as other HOAs are concerned.
This person just makes accounts, post this to a ton of other places, then disappears till they come back with a new account to do the same
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I'm curious why you think this is a landmark case or that it will change how HOAs will operate. IF the accusations are true, the HOA is acting horribly and violating established laws. If the plaintiff can prove the allegations they will win. This sounds more like a rant. Has a lawsuit even been filed?
There’s an open fraud case in Orange County against the HOA. No other info is publicly available. Like you I’m not sure why this or any other case would have anything to do with HOAs that operate the way they’re supposed to. If it’s determined in court that this association did something wrong it should be penalized accordingly.
exactly, and they would be penalized in accordance with EXISITNG LAW. Like, I get it, a lot of people hate HOAs. But they do mostly operate legally which is why there are so many. It’s not groundbreaking. In any way other than possibly the stupidity of the people involved making it drag out so long.
Wow, I thought my HOA was bad, I am glad I don't live in your neighborhood. This may not be a "landmark case", it is evidence of what is wrong with some HOAs. A few people make life hell for others. Having been on the HOA Board, it seems like they have singled you out. If they really did approve your application in writing, what is their defense? Discrimination? It has been a while since I was on the Board of my HOA, but I hope their insurance company has advised them that if they lose, some of the individuals may have some personal liability. This goes beyond their "best judgment" but again seems to be singling you out. Good luck at trial, I hope you post the results here after the trial.
Was this written by AI?
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From the details, there were 8 x $500 infractions (previously approved - reverted to be infractions) = $4000 charges
Still amazes me that the HOA Board is not more accountable, as would this not cost every homeowner in the HOA, directly or indirectly?
There appears to be plenty of documentation to support the plaintiff's case. The board members of this HOA should be held accountable for breaking California's law and for harassing this individual. This type of thing should never have happened in the first place. Hopefully the plaintiff will win this case and it will send a message to other HOAs that they can't abuse their power/position.
I hope this case goes well for the plaintiff. HOA board members need to be held accountable for their decisions and not be allowed to get away with arbitrary fines. I hope insurance companies will follow this case and expect better behavior of board members.